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FUTERSAK v. BRINEN

265 A.D.2d 452 (1999)

697 N.Y.S.2d 89

SAUL FUTERSAK et al., Respondents, v. JOSEPH BRINEN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 18, 1999.

Ordered that the order is affirmed, with costs.

We reject the defendant's contention that the injured plaintiff should be compelled to submit to an additional physical examination. While there is no restriction in CPLR 3121 (a) on the number of examinations to which a party may be subjected, an additional examination is permissible only where the party seeking the examination demonstrates the necessity for it (see, Huggins v New York City Tr. Auth.,

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